Cavern Theater donation gets OK

Current-Argus file photo
The Cavern Theater, long vacant in Downtown Carlsbad, is a city landmark. The City Council agreed to accept the theater's donation from owner Bob Light on Tuesday night.

CARLSBAD>> After a month of speculation and discussion, the city council voted unanimously — with stipulations — to approve the city's acquisition of the Cavern Theater, located on Canyon Street.

Funds from the general fund cannot be used for renovation costs of the theater for the first 10 years of the project. Future governing councils would be able to revisit the acquisition after the 10 years.

The discussion about the donation took up much of the meeting's time, as members of the community spoke to council in some length to either offer the council their support or concerns about the acquisition.

Many of the audience members spoke in favor of the donation. Joe Epstein, Veterans Memorial Park committee chairman, said he supported the decision.

"We really have the opportunity to do something of great value here," Epstein said.

Some residents, however, felt the city might be rushing into something unknown, citing recent editorials about the issue.

Former councilman Chuck Wiggins asked the city council to think hard about the donation. He said the project seems like déjà vu of the city's acquisition of the Walter Gerrells Performing Arts and Exhibition Center, which continues to be a burden for the city.

"The center has been a huge drain on the city's expenses and continue to drain the city finances to this day," Williams said.

However, most council members said the offer was too good to pass up. "It's a gift, it's not a purchase," Councilman Richard Doss said. "It's a gift to the city of Carlsbad."

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"A qualified community cannot afford to pass this opportunity," he added.

City Administrator Steve McCutcheon said the agreement has been widely published and was quite favorable for the city. According to the agreement, there would be no time limit of the theater renovation, but it would have to be used as a performing arts theater, McCutcheon added.

"There's been a lot of discussion on project and a fair amount of research," McCutcheon said.

The city has contacted the U.S. Economic Development Administration about grant possibilities but has not received any answers yet, McCutcheon said. The city, he added, has also contacted the U.S. Environmental Protection Agency about removing the asbestos in the theater.

"There are several opportunities for grant funding to do a building," McCutcheon said.

McCutcheon said Greer Construction reported that removing the asbestos would cost around $83,000 but no reports have been finalized. The project is currently estimated to cost between $2.5 million and $6 million, city officials say.

Councilman Jason Shirley said he still had concerns over cost discrepancy but added that community involvement would be crucial for the theater's success.

The donation was removed from the council's agenda during a January meeting before the council could discuss the item. Several council members expressed concern about a lack of clear plan for the theater and unforeseen costs that could pinch the city's general fund.

City officials have said several times before the meeting that the theater opens up the city to receive several grants to help fund the restoration of it.

Bob Light, of the Light Company, purchased back the theater following an estate sale in 2012.

The theater, built in 1951, is missing all the original seats of the theater. Restrooms for the facility are not up to code with current Americans with Disability Act laws. Also, the ceiling of the theater shows some holes in it.

The building was surveyed in 2008, according to the agenda report. The surveyor said she found the theater "to be a 'contributing' resource to the Downtown Historic District, the report reads." The building was listed as a cultural property on a state register list, but is currently not listed on local or national historic registers, according to the report.

Councilman Paul Aguilar asked city officials if future councils rescind or amend the contract, raising questions of legality. However, City Attorney Eileen Riordan said the amendment approved, although unique, should not have any legal issues.

"There are very few actions by any council that cannot be change by another council," Riordan said.

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